DAVID PATON.
f0 -j
DAVID PATON
ARCHITECT OF THE NORTH CAROLINA STATE CAPITOL.
AN ADDRESS
SAMUEL A. ASHE, ESQ.
DELIVERED IN THE SENATE CHAMBER OF THE STATE CAPITOL AT
RALEIGH, MARCH 12, 1909, UPON THE PRESENTATION OF THE
PORTRAIT OF DAVID PATON TO THE STATE, AND ITS
ACCEPTANCE
GOVERNOR W. W. KITCHIN
RALEIGH
E. M. Uzzell & Co., State Printers and Binders
1909
THE NORTH CAROLINA HISTORICAL COMMISSION
J. Bryan Grimes, Chairman.
W. J. Peele, D. H. Hill,
Thomas W. Blount, M. C. S. Noble.
R. D. W. Connor, Secretary,
RALEIGH, N. C.
DAVID PATON.
Your Excellency and Gentlemen of the Council of State:
At the instance of Mrs. C. E. Foy, of New Bern, and her
children, and of Mrs. E. M. Shute, of New York, I beg to pre-
sent to the State the portrait of Mr. David Paton, the honored
father of Mrs. Foy and of Mrs. Shute, and the architect of this
building.
As designer and architect, the talents of Mr. Paton found
expression in this superb edifice, which, indeed, is an enduring
monument to his skill and capacity, bearing ample testimony
to his superior attainments and high accomplishments in his
profession.
At the time of the erection of this Capitol it was one of the
most notable buildings in the United States. Whether we con-
sider its massive structure or its admirable design or the thor-
ough execution of every detail of the work, it was a remarkable
performance ; and when we recall the condition of affairs within
the State at that period we find still greater cause to regard it
with admiration and to praise that generation of North Caro-
linians for the public spirit which led to its erection.
Eor more than a century our people had no Statehouse. In
the early Colonial days the public documents were kept at Eden-
ton, but there was no Government building. In 1766 .an appro-
priation was made to build a Governor's Mansion at New Bern,
and four years later the public offices were established there.
The General Assembly, however, frequently met elsewhere.
During the Revolution, in 1779, in order to have a central
place of meeting, the Assembly appointed a committee to select
a site, either in Johnston, Wake or Chatham counties, for the
State Capital; but two years later Hillsboro, then a thriving
town, was selected as the capital, and the public offices were
established there and the palace at New Bern was directed to
be sold. However, before the summer was over, that enterpris-
ing Tory, Fanning, captured Hillsboro, carried off the Governor
and all the State officers then present ; and doubtless because of
the activity of the Tories in the Upper Cape Fear region the
resolution was rescinded and the Assembly again became peram-
bulatory. It mel as far west as Salem and as far easl as Xew
Bern; sessions were held at Halifax, Tarboro, Smithfield, and
Fayetteville ; and once at Wake Courthouse, in the old Joel Lane
residence, which is still standing in this city, on Boylan Avenue.
That was in one of the darkest hours of the Revolution, and the
legislative body was protected from a Tory raid by a regiment
of militia. It would indeed have been lamentable had the
dreaded Fanning swooped down on the Assembly and carried
off into captivity the assembled wisdom of the State, unless,
indeed, the legislators had taken to the bushes, like Governor
Patrick Henry and the Virginia Legislature had to do just at
that particular time to escape capture.
Eventually, in 1792, commissioners appointed for the purpose
purchased from Joel Lane 1,000 acres of old fields and thickets
near Wake Courthouse and laid off on paper the streets and
squares of a capital city. Doubtless quickly the principal ave-
nues were opened by axmen, and the central public square —
"Union Square/' they named it — where there were some giant
oaks, doubtless well-grown trees in the time of Virginia Dare
and Sir Walter Raleigh, was selected as the site of a Statehouse.
The building at once erected in the wild woods, where now
the city of Raleigh stands, was similar in general plan to this
edifice, with offices and passageways on the first floor and legis-
lative halls above. The bricks were made near-by, and the con-
struction was hurried and roughly done.
Twenty years later, after we had vron our second Avar of inde-
pendence and everybody was feeling quite comfortable, it was de-
termined to improve the building, and Captain William JNTichols,
of JSTew York, a skilled architect, was employed to cover the
exterior with stucco, and a stately dome was reared over the
rotunda and the east and west entrances were ornamented by
handsome porticos. Indeed, the exterior of the building was
very similar to the present edifice. ]STor did public spirit stop
there. An order was given to Canova, without regard to cost,
for a colossal statue of Washington. Canova, who holds rank
in his art with the famous Michael Angelo, was then in the
zenith of his greatness. He had made a colossal statue of Na-
poleon, but neither he nor any other sculptor had ever had such
a grand subject as the immortal Washington. We may well be-
lieve the work brought forth his best and highest powers. He
had the art of giving to his marble a soft appearance. With
the utmost pains he gave the surface a most delicate finish, and
then broke the dazzling white of the marble and made it seem
soft and mellow, like ivory. Even now the remains of the statue
in the museum retain these marks of his peculiar handiwork.
This statue was brought from Italy by a man-of-war especially
detailed for the purpose, was transported by water to Fayette-
ville and with great care conveyed to Raleigh, escorted into the
city in grand style by the Raleigh Blues, the color bearer,
mounted on the monument, enthusiastically waving the Ameri-
can flag. It was placed in the rotunda of the Capitol. It was
of colossal size, massive, and perfect in every detail. It was one
of the masterpieces of the world. There was nothing in Amer-
ica comparable to it.
In 1830 the Statehouse caught fire and the records in the
public offices were for a time in peril of destruction. Fortu-
nately the conflagration was arrested. When the Assembly met
in November, 1830, it directed that the damage should be re-
paired, and in order to secure the building against future dan-
ger the Legislature, with great particularity, enacted that the
chimney corners should be made safe, that sheet iron should be
laid in front of the fireplaces, a trap door made to the roof, and
a zinc roof should be placed on the building. It was while
carrying out this last direction that the flame was lit that re-
sulted on the one hand in the destruction of Canova's splendid
statue of Washington and on the other in the erection of this
noble edifice which still excites the admiration of all who be-
hold it.
On June 21, 1831, when the work on the new zinc roof was
nearly finished, the interior timbers caught on fire and the
building was consumed. Two days later the Raleigh Register
contained the following account of the catastrophe :
"It is our painful and melancholy duty again to announce to
the public another appalling instance of loss by fire which will
be deeply felt and lamented by every individual in our State.
It is nothing less than the total destruction of the Capitol of the
State, located in this city. Of that noble edifice, with its splen-
did decorations, nothing now remains but the blackened walls
0
and smouldering ruins. The State Library is also entirely con-
sumed, and the statue of Washington, that proud monument of
national gratitude, which was our pride1 and glory, is so muti-
lated and defaced that none can behold it without mournful
feelings, and the conviction involuntarily forces itself upon
their minds that it is a loss which cannot be repaired. The
most active exertions were made to rescue this chef-df ceuvre of
Canova from the ravages of the devouring elements, nor were
they desisted from until the danger became imminent. The
alarm was given about 7 o'clock on Tuesday morning, and it was
presently evident that all attempts to extinguish the fire would
prove perfectly fruitless. The efforts of the bystanders were
then directed towards the protection of the public offices on the
square and the adjacent private buildings and to the preserva-
tion of the official archives. We are happy to add that none of
the former were injured, and that the latter, including the legis-
lative records, were all saved. The beautiful grove of oaks, of
which the Capitol was the center ornament, did more towards
staying the progress of the flames than any human effort. Sel-
dom has the eye witnessed so awful a spectacle as that vast build-
ing in one concentrated blaze, streaming from every Avindow,
and a vast column from the roof, forming together a scene not
adequately to be described. The origin of the fire is not cer-
tainly known, but we believe the general impression is that it
was the result of most culpable carelessness on the part of a man
who had been employed to assist in soldering the new zinc roof,
as he was seen carrying up a coal of fire between two shingles,
considerably ignited, a spark from which, in all probability, fell
among some combustible matter between the roof and ceiling,
which took fire while the hands were at breakfast."
The citizens of Raleigh naturally bemoaned the destruction
of the building, but Governor Stokes did not regard it as a great
loss. In his opinion there were some mitigating circumstances.
In his message to the General Assembly, when it met the fol-
lowing ISTovember, he said that the calamity was not so great,
because the old Statehouse, built in 1794, was almost ready to
tumble down of its own accord, and that perhaps many valuable
lives had been saved by its being destroyed by fire instead of
tumbling down on the Legislature while in session.
At once Senator Seawell, of Wake, brought forward a bill
7
providing for the erection of a new Capitol on the site of the
old one, and a similar bill was introduced in the House. They
met with slight favor. At that time the situation in ISTorth Car-
olina was deplorable. It was one of the darkest periods in the
history of the State. There was only one political party, for the
Federal party had passed away and the Whig party had not
yet risen, and political action was largely colored by local in-
terests, by factions and the ambitions of aspiring men. • The
West, almost in a state of revolt,- because under the Constitu-
tion every county, no matter how small or how populous, was
entitled to the same representation in the Assembly, realized the
tyranny of a situation from which it could get no relief. The
dominant East offered no hope of change. When at length a
convention was called, in 1835, Governor Swain nobly gave ex-
pression to the wild feeling of her people in a moment of exas-
peration, "We will pull down the pillars of the temple," only
to evoke Gaston's quiet reply that he had heard that Sampson
had involved himself in the common ruin.
The people of the State were dreadfully poor. The West had
no outlet for its surplus productions ; there were no internal im-
provements ; steam railroads had not then been introduced, and,
indeed, such a man as Nathaniel Macon, reputed to be wise and
patriotic, sternly set his face against the State Government
undertaking any works of internal improvement.
" The stream of emigrants to the far West that had begun be-
fore the Revolution had continued in increased volume. In
sheer desperation the people were abandoning their native fields
and making new homes in the wilderness ; the population of the
State was at a standstill. While Virginia and the two Caro-
lines were peopling the region from the Ohio River to ISTew
Orleans, they themselves could not increase in population. Be-
tween 1820 and 1840 that Western region gained 1,700,000
souls, while the three mother States made no appreciable gain
in white population. They made a magnificent gift to the
Union, but it was at the expense of their own life blood.
Our towns remained villages. ISTew Bern, the Athens of the
State, the largest of our towns, boasted only 4,000 souls. Wil-
mington had somewhat recovered from her tremendous loss in
1819, when 200 houses and a million dollars of property went
up in flames, and had about 3,000 ; while Fayetteville, at the
8
head of water navigation, the mosl accessible to the interior,
priding herself as the trade emporium of the State, followed fast
with 2,900. Raleigh, still ensconced in her surrounding thickets,
had "2,24:4: citizens.
More than one-seventh of the grown white men could not rend
or write; but there was an intellectual class — learned divines and
doctors and judges and lawyers and public men. That being
before buggies were invented, these traveled over the State in
their high-stick gigs and laboriously discussed public affairs —
the tariff, the sectional issue (then assuming great importance),
the Nat Turner insurrection, and the State issue between the
West and the East, that could only be quieted by a State conven-
tion, and the demand of Fayetteville that the capital be removed
to the banks of the Cape Fear.
Such wras the condition when the Assembly met in November,
1831, after the conflagration. A letter written by one of the
body — one of the first men of that period — well portrays it :
"We are distracted, rent asunder by factions, and the result of
the legislative discussions and dissensions will be, I fear, that
we will separate in anger, after having proved ourselves un-
profitable servants. There are five parties here. The largest
(but it does not quite constitute a majority) is for rebuilding
the Capitol and is opposed to a convention in every form.
This may be named the Eastern party. The next in point of
magnitude is the Western party; they want a reconstruction
of our Constitution with respect to political power, and want
no more, but will either keep the government at Raleigh or
remove it to Eayetteville, as the one or the other will favor
their great end. The third in point of size is the Fayetteville
party; their main object is removal, but they are willing also
to go for a general convention. The two others are of about
the same magnitude, the Northwestern and Southwestern par-
ties. The former want a modification of the Constitution, but
are utterly opposed to a removal; and the. latter want removal,
but resist the alteration of the Constitution." In this conflict
of the factions Judge Seawell's bill was quickly disposed of.
Mr. Wilson, Senator from Edgecombe, moved to table it, and it
was tabled. The House bill was longer discussed. The discus-
sion was prolonged for two days, but on a yea and nay vote the
bill failed, 65 to 68. The Assembly of 1831 refused to rebuild.
9
A year passed, and the ruins of the old Statehouse still marked
the site of the former Capitol. But the Constitution, or rather
the Ordinance, of 1789 located the capital at Raleigh, and the
Legislature had no power to move it. It was even questioned
with great seriousness whether the Assembly could hold its ses-
sions in the Governor's Mansion, at the end of Fayetteville
Street, as that was outside of the limits of the town. To move
the capital a convention was necessary, and a majority .of the
Legislature was not favorable to a convention.
At the session of November, 1832, the Assembly, by a vote
of 35 to 28 in the Senate and 73 to 60 in the House, resolved to
rebuild on the old site, and $50,000 was appropriated for the
purpose.
Mr. William Boylan, Judge Duncan Cameron, Judge Henry
Seawell, Judge Romulus M. Saunders and State Treasurer Wil-
liam S. Mhoon were appointed commissioners to have the work
done, and they were directed to make it similar in design to the
old building, but more extensive, the lower story at least to be
of stone, and to have a zinc roof. At first the commissioners
consulted with Captain William Nichols, who had made the
addition ten years before, and Mr. Ithiel Town, of New York,
by whom doubtless the general plan was designed. A suitable
granite was found on the State land near the city.
Women have been the origin of much trouble in this world,
but a woman of Raleigh at that time achieved for herself an
enviable fame and "deserved a name among the benefactors of
the State." Some small railroads had been built at the North,
and the Legislature had granted a charter for a railroad from
Beaufort to New Bern and then on to Raleigh and the West,
under the name of the North Carolina Railroad. It had also
chartered the Cape Fear and Yadkin Valley Railroad, with
water communication from Wilmington to Fayetteville and a
railroad from Fayetteville to the West, and $5,000 had been
appropriated for surveys, but that was all. Mrs. Polk, the
widow of Colonel William Polk, son of the famous Colonel Tom
Polk, wdio proclaimed independence at Charlotte, and equally
to be revered as the mother of Bishop-General Polk, of the Con-
federate Army, suggested the construction of a tram railway to
the rock quarry and became the principal stockholder in the
enterprise. It was the first railroad built in North Carolina,
10
and became an object-lesson to the people. It was quickly com-
pleted, and, besides the cars loaded with stone, it had on- it a
handsome ear, drawn by a single horse, for the accommodation
of sneli ladies and gentlemen as desired to take a railroad airing.
People came from the neighboring counties for the express pur-
pose of riding on a railroad.
The commissioners to build the Capitol, with $50,000 at their
command, did not dally. The rubbish was cleared away and the
excavations made and the foundations were laid. By July 4,
1833, the corner stone was set in place. Up to that time W. S.
Drummoiid was the superintendent and chief architect, and he
was one of the principal persons in the ceremony of laying the
corner stone.
The Internal Improvement Convention -was in session at Ra-
leigh at the time, and a large number of distinguished men were
in attendance. Dr. Simmons Baker, Grand Master of the lodge,
laid the corner stone with Masonic honors. When the ceremo-
nies at the Capitol were ended there was a discharge of cannon
to signalize the event, and then the Fourth of July oration was
delivered in the Presbyterian church. At night there was a
handsome illumination, elegant transparencies and a balloon
ascension.
After the foundations were laid the work progressed more
slowly, and it was so expensive that the appropriation was ex-
hausted. The Legislature at its next session appropriated over
$75,000 more. To do the stone and finer work, many skilled
artisans had been brought from Scotland and other countries.
Among them were some who remained among us and made a
valuable acquisition to our citizenship. Part of the work was
conducted under the supervision of W. S. Drummond and an-
other part under Colonel Thomas Bragg, father of Governor
Bragg ; but these arrangements did not prove satisfactory, and a
year later, in September, 1834, Mr. Town, of New York, acting
for the commissioners, contracted with David Paton to come to
Raleigh and superintend the work.
Mr. Paton was an architect who had come from Scotland
the year before. He was then thirty-three years of age. He
was the son of John Paton, of Edinburgh, who was an exten-
sive builder in that city and vicinity and who had built the
greater part of the new town and constructed the famous Dean
NORTH CAROLINA STATE CAPITOL.
11
Bridge across the water of Leith, and lie ranked high in his
profession. His parents were of gentle birth. David Paton,
the elder, father of John, married a sister of Lord Campbell,
of Monzie Castle, one of the oldest families of Scotland, and
his father married Eleanor Roper, a sister of Sir Timothy
Roper. Tims, through two previous generations the Patons
were associated with persons of consequence and had distin-
guished connections. Having received a liberal education at
the University of Edinburgh, David Paton took up the pro-
fession of his father and was regularly bred as an architect and
builder under his father and under Sir John Sloan, R. A., pro-
fessor of architecture to the Royal Academy of London. He
had married, but had lost his wife, who, however, had borne
him a daughter. Circumstances had brought him to New York,
where he became known to Mr. Town, who employed him, in the
name of the commissioners, to superintend the building of the
Capitol. Mr. Town wrote to the commissioners : "I have a high
opinion of him as a gentleman and an artist, both in the theory
and practice of the building art." And, indeed, no one could
have answered the purpose of the commissioners better than Mr.
Paton. He was not merely an accomplished architect, but an
experienced builder. Not only was he familiar with the beau-
ties of the most famous designers in the world, but he knew how
to work and how to employ workmen to the best advantage. He
soon demonstrated his capacity. When he first came the cost
of overseeing was $25 a day. He reduced that cost to $9. Twen-
ty-eight stonecutters were paid $81 a day. This he reduced to
$56. He made a saving in these two items alone of $42 a day.
He found himself to be not merely the supervisor of the work,
but the superintendent ; not merely the superintendent, but the
bookkeeper and paymaster. He had every detail of the work on
his shoulders. And, then, he had to make the working drawings.
He was the builder, the architect, the designer. What experi-
ence he had under his father in the matter of construction was
of great value, but the learning he obtained under the pupilage
of Sir John Sloan when he attended the Royal Academy at
London, studying the remains of those magnificent structures
that made the Acropolis at Athens the glory of the world, now
came into play, and he was found to be the very man, in every
12
particular, that the commissioners needed. He soon had their
entire confidence and the esteem of all with whom lie was asso-
ciated.
On January 1, 1835, the old board resigned. State Treasurer
Mhoon was then succeeded by State Treasurer Samuel F. Pat-
terson. General Beverly Daniel became chairman of the board.
Governor Charles Manly, Alfred Jones, of Wake, and Charles
L. Hunter, of Wake, afterwards State Treasurer, were the new
members. When they retired from the board Judge Cameron
and Treasurer Mhoon wrote to Mr. Paton : "We take much
pleasure in communicating to you our confidence in your skill
and competency as an architect, and our approbation of the
manner in which you have fulfilled your duty since you have
been in the employ of the board." In view of the magnitude
of the work, Mr. Paton thought that his compensation should be
increased, but the new board urged him to remain, holding out
the inducement that the Legislature would increase his remun-
eration when the work was finished. A year later the commis-
sioners, of their own accord, increased his pay. In the begin-
ning of 1837 he was invited to enter into the service of the
Federal Government as an architect to construct the arsenal at
Fayetteville, but declined to abandon his work on the Capitol.
At Raleigh he was esteemed by those gentlemen with whom
he was associated. General Daniel, writing, in May, 1836, to
Colonel Baldwin, late chief engineer in the United States serv-
ice, said : "Allow me to say that Mr. Quinnerly's impression as
to the professional skill of Mr. Paton is only such as he justly
merits, and at the same time to add that his moral worth is no
less appreciated by those who know him." jSTo man in his day
was more careful in weighing his words than the venerated Dr.
William McPheeters, the pastor as well as the teacher, of Raleigh.
In writing a note to Mr. Paton he concluded : "Accept, dear sir,
the assurance of my high regard."
Captain J. A. J. Broadford, who a quarter of a century later
was one of the Board of War to conduct the military operations
of North Carolina, in offering him the work of constructing the
arsenal at Fayetteville, said : "Without wishing to deprive the
State of your valuable services, I should nevertheless be pleased
if you find it advantageous to accept it. With much respect, I
am, my dear sir, yours very truly," etc.
13
On every side lie had made warm friends and had drawn to
him the respect of all who appreciated excellence of character,
moral worth and fine attainments. He found friends also among
the ladies, and, although deeply interested in his work, he
courted and was married to Miss Annie B. Farrow, of Washing-
ton, K C.
As he managed every department of the work, from making
the plans to paying off the hands, he is entitled to receive the
plaudit of "Well done, good and faithful servant," for no fin-
ished work ever gave greater satisfaction. In the construction
he made over three hundred working drawings which he pre-
served. How many he failed to preserve is unknown.
Regard the mouldings, the arches, the pillars of the porticos
and lower hallway ; stand in the exquisitely proportioned rotun-
da ; consider for a moment the construction of the rotunda — the
floor self-supporting — a wonderful exhibition of architectural
skill. But the masterpiece is certainly the Senate Chamber.
View it from the open gallery. What can be more elegant in
design, more perfect in execution? Or stand in the hall of the
House of Representatives and let your feelings attune themselves
to the noble scene. How lofty the emotions that naturally swell
the bosom in the presence of such glorious architecture ! These
halls are reproductions of the most classic halls of ancient
Greece. They speak to us of the renowned Pericles, and of those
famous artists who, under his directions, made the Acropolis at
Athens the wonder of the world. They carry us to the Par-
thenon and to those other temples on the Acropolis, perfect in
their simplicity, which men may reproduce, but never excel.
In 1839, when the Capitol was nearing completion, Mr. Le-
may having asked for a description of the building, Mr. Paton
wrote him some account of it. Mr. Lemay opened the article
in his newspaper :
"Henceforth our youth may never need to roam,
The arts to study ; better seen at home."
In the course of his article he remarked : "We say to our citi-
zens at home and our friends abroad that there is no building
in the Union superior to and but one equal with this, in point
of material, style and construction."
14
Mr. Paton, in his letter, said that the details of the porticos
are of the Temple of Minerva, commonly called the Parthenon.
The east and west vestibules are richly decorated with granite
columns, copied from the Ionic Temple of Ilissus, near Athens.
The rotunda, the vestibules and the legislative chambers arc
reproductions from the Octagon Tower of Andronicus Cyrrhes-
tes, of the Temple of Erechtheus, Minerva, Polias and Pandoras,
in the Acropolis.
That wonderful building, the Library at Washington, is com-
posed of reproductions of the most beautiful architectural de-
signs in the world. One beholds here a staircase, there a niche,
here a corridor, there an arch — deemed the most exquisite that
man has created; but the sight is dazzling, like a kaleidoscope;
there is no unity or harmony of design. Here, in this perfect
building, we have entire harmony. It is all the simple style of
the noble Greek conception. It is the perfection of architecture.
"Before concluding," says Mr. Paton, "I may remark that the
stone with which this edifice is constructed is of the toughest
and hardest description, containing less iron than any stone I
have ever seen : hence it presents a beautiful cream color, of a
much warmer tint than marble."
Not only an experienced builder, not only skilled in archi-
tecture, Mr. Paton proved himself in his perception of the beau-
tiful to be an artist of high merit. Three-quarters of a century
has elapsed, and another artist of high merit, whose life is
devoted to the study of the beautiful, is drawn to Raleigh to
put in marble one of our greatest and most illustrious citizens.
Observing the Capitol, he said : "I consider that there is no
building in the country of1 its size which, for color, for care in
construction and purity of style, is its superior. The only build-
ing which I ever saw with that beautiful, rich yellow color in
your Statehouse is the rained Parthenon at Athens." Consider —
near two thousand five hundred years have brought their changes
to mankind, but the Parthenon remains the most splendid con-
ception of art. Our State Capitol was, when first finished, the
most perfect building of the kind in America, and to-day re-
mains unequaled; and were it to stand undisfigured by later gen-
erations for a thousand years it would still be regarded as unsur-
passed by any building in America.
15
In March, 1840, when the Capitol was nearing its completion
and the State of Tennessee had in contemplation the erection
of a similar building, Governor Edward B. Dudley wrote to
James K. Polk, then Governor of Tennessee, as to the qualifica-
tions of Mr. Paton to do that work, and said : "I believe our
Capitol will proudly bear a comparison, for beauty, symmetry
and strength, with any building within my knowledge, and it is
generally admitted by most travelers to be a very superior struc-
ture."
Treasurer D. W. Courts said : "I can with great pleasure
bear testimony to Mr. Paton's close attention to his business,
and the edifice is itself a proud and enduring monument of his
great skill as an architect."
Later, Mr. John Primrose, writing to Mr. Paton, said : "The
Statehouse is the pride of all our citizens ; and, indeed^ all trav-
elers whoJ^ave seen it think it the most handsome building in
the Unioiff and for its masterly workmanship few, if any, can
come up to it. All strangers give their testimony in favor of its
perfectness and elegance to anything of the kind they have seen ;
and I think it will be the best monument of your fame as to
your ability in your profession as an architect that could be
gained for you."
In the summer of 1840 the work was finished. The Assembly
had, in December, 1832, appropriated $50,000 for the building,
but certainly not with the expectation that that amount would
suffice. Mr. Boylan, Judge Cameron and State Treasurer Mhoon
and their associates spent that sum in the foundation. They
proposed to have a Capitol worthy of the State. At every sub-
sequent session the Assembly made additional appropriations.
To be sure, there was some cavilling, and the commissioners
resigned; but the Legislature and the new commissioners took
no step backwards. Year by year they pressed on the work as
it had been begun, until at last, after more than seven years, the
sum of $530,000 was expended. As large as that sum was for
the time, when the State was so poor and when the entire taxes
for all State purposes reached less than $100,000, yet the people
were satisfied. The building had been erected with rigorous
economy, and it was an object of great pride to the people. In-
deed, never was money better expended than in the erection of
this noble Capitol.
16
His work being done, in llio summer of 1840 Mr. Paton re-
turned to New York, and, on the urgent solicitation of his father,
he sailed for Edinburgh soon afterwards.
In 1S47 the office of Superintendent of Public Works of Edin-
burgh became vacant, and testimonials of the most substantial
character were presented to the aldermen of that city for his
appointment. The testimonials given by Lord Cunningham,
John Learmouth, the late Lord Provost and other men of high
standing to his character and capacity are now enduring wit-
nesses of his worth in private life and in public employment,
and of his efficiency in his profession.
In 1849 Mr. Paton returned to America, and for more than
thirty years he was professor in the American Institute of Archi-
tecture, of Brooklyn, and the Mechanical Institute, of New
York. There he rendered loyal service in his profession by
training others, as he was trained, to study the beautiful, to
build solidly, and to erect noble edifices.
Like many others, gifted by nature to enjoy and appreciate
the exaltations of noble things, he was simple in his habits and
tastes. As his pastor, the Rev. Dr. Patterson, the Presbyterian
minister, of Brooklyn, said on the occasion of his funeral, "He
was never looking for evil in anyone, and as he was good him-
self he thought everyone else was good." And Dr. Patterson
added : "I have known him intimately for more than thirty
years, and have never met such a perfect Christian gentleman —
kind and good, too charitable for his own good, as regards to
heaping up riches." Such a life he led in the time of his mature
manhood — the intellectual life of a learned professor, dealing
with the noblest creation of architectural genius ; the perfect
Christian gentleman, benevolent to his own hurt, esteemed and
revered. At length, on March 25, 1882, he died and was in-
terred in Cypress Hill Cemetery, in Brooklyn.
By his first wife Mr. Paton had a daughter, Eleanor Murray,
who remained in Scotland, marrying John Wyld, a banker, of
Glasgow, a kinsman of Gladstone.
His North Carolina wife bore him eight children — Anna, who
died unmarried ; Theresa, who became the wife of Elbert Sned-
eker, once the general manager of the Brooklyn Elevated Rail-
way; Sarah, who married Nathaniel Bush, an architect, of
Brooklyn; Matilda, who is the wife of Mr. William Yan Gor-
17
don, of New York ; Mary, who is the wife of Oscar Silvey, of
Denver ; John Paton, of New York ; Esther, who married, first,
Mr. H. F. Hopkins, by whom she had two sons, and who now
is the wife of Mr. E. M. Shute, of New York, and Agnes Char-
lotte. Agnes, just before the outbreak of the Civil War, came
to Washington, N. C, to visit her grandmother. Her health
was delicate and it was thought that passing a few winters at
the South would be beneficial. The war coming on, she remained
with her grandmother, Mrs. Farrow, and grew up so Southern
in her sentiments that she did not care to return permanently
to the North. She became the wife of Mr. C. E. Fov, of New
Bern. Her living children are Claudius B. Foy, Annie E. Foy
and Agnes, the wife of Dr. Raymond Pollock, of Kinston. It
is especially due to the laudable interest of Mrs. Foy and her
children and Mrs. Shute that the portrait of Mr. Paton has
been prepared for presentation to the State. They regard with
pride his achievements, and are justly proud of his fine charac-
ter, his natural endowments and professional attainments. As
the architect and builder of this beautiful and elegant Capitol
building, they hope that his portrait may find an appropriate
place in the edifice constructed by his skill and genius.
This portrait was painted by Mr. Jacques Busbee, of Raleigh,
and is regarded as a most excellent likeness and as doing great
credit to the artistic ability and skill of that talented son of
North Carolina.
Your Excellency, my task is done, and yet I linger on the
subject.
Not seventy years have passed since the completion of this
building, yet it has undying memories. It was finished the year
Henry Clay was set aside and his place as the Whig leader
given to General Harrison. Four years later Clay spoke from the
western portico ; but, like Webster and Calhoun, the prize of the
presidency was denied him. The voices of other men of large
mould also have been heard within this Capitol. Here, too, our
great jurists — Gaston, Ruffin, Pearson and their associates — held
their sessions and brought renown to North Carolina. Here
Badger, Mangum, Dobbin and scores of men known to fame held
high debates. Here was brought forth in great travail our sys-
18
tern of internal improvements, and of education, ramifying the
Stale, disseminating enlightenment and opening the pathways
to prosperous, contented and happy homes for our people.
Here Ellis and Clark and the mighty Vance directed the af-
fairs of State in the trying days of war and suffering and deso-
lation, the glories mingled with pain and sorrow, and fading
away in heartrending defeat; but through it all the women
and men, alike heroes, worthy the poets' loftiest strains. Then,
when the people were still bowed in anguish, Carolinians turned
their faces to the future, and, with resolution and intelligence,
themselves modified their laws and institutions to meet the new
conditions; but in vain, for these mute walls are witnesses of
the saturnalia of Reconstruction still awaiting some Dante to
portray the scenes with realistic power. Yet the dark cloud had
its silver lining, and the courageous devotion of Jarvis, John
Graham and their Spartan band adds historic interest to that
time of fearful storm.
Later, here was the scene of the great State trial, the impeach-
ment of the Chief Magistrate of the Commonwealth and the
contest between the intellectual giants of that generation, Gov-
ernor Graham and Bragg and Merrimon, contesting with Smith
and Coningland and Richard Badger.
And these walls have witnessed the reversal of that State pol-
icy forced on an unwilling people by the mailed hand of the
conquering power, and the full restoration of Anglo-Saxon con-
trol. JSTever in history has a people been so clearly and effec-
tually vindicated as those gallant souls of JNTorth Carolina, who,
emulating the constancy of Hamilcar, swore their children to
undying opposition to those who would destroy their civiliza-
tion. Let the oppressed of future ages gaze on the scene and
take courage. Already hallowed are the memories that these
chambers evo'ke. What grand occasions yet await them ! We
may not lift the veil of the future, but experience warns us that
history constantly repeats itself, and as the web woven by des-
tiny unrolls itself there will yet occur within these enduring
walls occasions of surpassing magnitude affecting the weal and
woe of our posterity.
19
THE ACCEPTANCE BY GOVERNOR W. W. KITCHIN
Captain Ashe:
We have heard with great interest and benefit your eloquent
tribute to the high moral character and splendid architectural
ability of the late David Paton, and also your remarks about
this beautiful Capitol, possibly the best production of his skill
and genius.
We appreciate the thoughtfulness and generosity of the donors
you represent in the presentation of the portrait of the architect
of this Capitol. With the consent of the Council of State,
already expressed, I accept the portrait for the State. It will
be hung in an appropriate place in this building, to remind its
visitors both of the high Christian character of its architect and
of the great service he rendered to the State in its construction.
THE
GREAT SEAL
OF THE
STATE OF NORTH CAROLINA
1666-1909
J. BRYAN GRIMES
SECRETARY OF STATE
THE NORTH CAROLINA HISTORICAL COMMISSION.
J. Bryan Grimes, Chairman.
W. J. Peele. D. H. Hill,
Thomas W. Blount, M. C. S. Noble.
R. D. W. Connor, Secretary,
Raleigh.
THE GREAT SEAL
OF THE
STATE OF NORTH CAROLINA
The numerous inquiries received at the Secretary of State's
office concerning "The Great Seal of the State of North. Caro-
lina" suggest the preparation of a sketch giving descriptions of
the various seals which have been used in the Colony and. State
of North Carolina.
In the colonial period there were four different seals. Since
North Carolina became a State there have been five dis-
tinct seals used. The second charter granted by King Charles
the Second to the Proprietors of Carolina, dated the 30th day of
June in the seventeenth year of his reign, A. D. 1665, recited
the fact that he had been "graciously pleased to grant unto our
right trusty and right well-beloved cousin and counsellor Ed-
ward Earl of Clarendon, our high chancellor of England; our
right trusty and entirely beloved cousin and counsellor George
Duke of Albemarle, master of our horse ; our right trusty and
well-beloved William now Earl of Craven ; our right trusty and
well-beloved counsellor John Lord Berkeley; our right trusty
and well-beloved counsellor Anthony Lord Ashley, chancellor
of our exchequer ; our right trusty and well-beloved counsellor
Sir George Carteret, knight and baronet, vice-chancellor of our
household ; our right trusty and well-beloved Sir John Colleton,
knight and baronet; and Sir William Berkeley, knight; all that
province, territory, or tract of ground, called Carolina, situate,
lying and being within our dominions of America ; extending
from the north end of the island called Luke Island, which lietli
in the southern Virginia seas, and within thirty-six degrees of
north latitude ; and to the west, as far as the south seas ; and so
respectively as far as the river of Matthias, which bordereth
upon the coast of Florida, and within thirty-one degrees of north-
ern latitude; and so west, in a direct line, as far as the south
seas aforesaid."
Note. — All the illustrations used herein are the actual sizes of the
seals they represent.
The cut of the Albemarle seal is taken from an impression in the
courthouse at Edenton ; those of George II. and George III. from seals
loaned by Mr. John G. Wood, of Edenton, and by the Hall of History
at Raleigh.
These high functionaries thought proper to adopt for this
imperial domain a seal, of which no official description has been
found, but is to be seen in the Public Record Office in London.
The obverse side has a shield bearing on its face two cornucopias
crossed, filled with products and having for supporters, on the
sinister side, an Indian chief holding an arrow. On the dexter
is an Indian squaw with a pappoose by her side and one in her
arms. These natives, I imagine, are supposed to be bringing
tribute. The crest is a stag upon a wreath above a helmet from
which there is a mantling. On the scroll below the shield is the
motto, domitus cultoribus orbis. Around the shield are the
words MAGNUM SIGILLUM CAROLINE DOMINORUM.
On the reverse is a disc bearing a cross, around which are ar-
ranged the eoats-of-arms of the Lords Proprietors in the follow-
ing order : Clarendon, Albemarle, Craven, John Berkeley, Coop-
er, Carteret, William Berkeley and Colleton. The size of this
seal is 3% inches in diameter, and was made by placing together
two wax cakes with tape between before being impressed, and
was about 14 inch thick. This seal was used on all the official
papers of the Lords Proprietors for Carolina, embracing North
and South Carolina.
About 1665 the Government of Albemarle was organized, and
they adopted for a seal the reverse side of the seal of the Lords
Proprietors. Between the coats the word A-L-BE-M-A-R-L-E
was fixed in capitals, beginning with the letter A between the
arms of Clarendon and Albemarle, L between Albemarle and
Craven, BE between the Craven arms and those of Lord John
Berkeley, etc.
This was a small seal 1-re inches in diameter, with one face
only, and is now frequently to be found attached to colonial
papers. It is generally impressed on red wax, but is occasionally
seen impressed on a paper wafer which is stuck to the instru-
ment with soft wax. It was first used for the government of
the County of Albemarle, and then became the seal of the Prov-
ince of North Carolina, being used until just after the pur-
chase by the Crown.1 During the troublous times of the Cary
rebellion the Albemarle seal was not used. In 1708 Cary used
his family arms on a large seal to his official papers. A fine
Colonial Records, Vol. IV, p. 1200. See Appendix.
Seal op the Lords Proprietors op Carolina.
( Obverse.)
ACTUAL SIZE OF SEAL.
Seal of the Lords Proprietors of Carolina.
(Reverse.)
Seal of the Government of Albemarle and
Province of North Carolina 166 — to 1730.
ACTUAL SIZE OF SEAL.
specimen of this seal showing the Cary arms is preserved in the
Secretary of State's office. During Glover's presidency (1710)
he used his private seal, and on one occasion he writes : "These
papers ought to have come under the public seal, but that being
forcibly detained in the hands of those who are professed ene-
mies of the Church as well as to all good order, it could not be
procured on this occasion."2
In 1720 Westmoreland and others composing the Lords of
Trade proposed to the Lords Justices "that two great seals
should forthwith be prepared to be used in the two Provinces
of South and North Carolina,"3 but I find no record of any
action being taken upon this recommendation. On February
3, 1729/30, the Lords of Trade recommended to the King that
he order a public seal for the Province of North Carolina.4
On February 21, 1729/30, his Majesty in council was pleased
to approve and order "that a Publick Seal be prepared and given
to the Governor of the said Province of North Carolina. And
that the said Lords Commissioners for Trade and Plantations
do cause a Draft of such seal to be prepared and laid before
His Majesty at the Board for his Royal Approbation."5
On March 25, 1730, the Lords of Trade laid before his Maj-
esty for his royal approbation a draft of a proposed seal for
the Province of North Carolina "whereon Liberty is represented
introducing Plenty to your Majesty with this Motto Quae sera
tamen respexit and this inscription round the circumference
Sigillum Provinciae Nostrae Carolinae, Septentrionalis." The
background on which the King and these figures stand is an out-
line map of the coastal region of North Carolina, and in the
offing is to be seen a ship. "On the reverse of this seal we would
humbly propose Your Majesty's Arms, Crown, Garter, Support-
ers and Motto with this Inscription round the circumference,
Geo : II : Dei Gratia Magnae Britaniae Franciae, et Hiberniae,
Bex, Fidei Defensor, Brunsvici et Lunenbergi Dux, Sacri Bomani
Imperii Archi Thesaurarius, et Elector."6 On the 10th day of
April, 1730, the King approved the above recommendations,
except that it appears Georgius Secundus was to be substituted
for Geo. II., and his chief engraver of seals was ordered to
"engrave a silver seal according to said draught."7 Mr. Rollos,
^C. R,, Vol. I, p. 733. ^C. R., Vol. Ill, p. 75. CC. R., Vol. Ill, pp. 79-80.
3C. R., Vol. II, p. 394. 5C. R., Vol. Ill, p. 76. "C. R., Vol. Ill, p. 80.
G
his Majesty's engraver, was ordered to prepare a draft of the
seal.s About tins same time Mr. Hollos was preparing seals for
New Jersey,9 the Barbadoes, Jamaica and Virginia.
In 1730 the new seal for North Carolina was sent to Governor
Burrington and the old seal ordered returned "to our Commis-
sioners of Trade and Plantations to be laid before us as usual
in order to its being defaced in like manner with other seals by
us in our Privy Council."10
There seems to have been some delay in receiving the new
seal, for at a council held at Edenton, March 30, 1731, it was
"ordered that the old seal of the Colony be used till the new
seal arrives."11 The latter part of April the seal came, and
"the messenger that went to Cape Fear to fetch the Publick
Seal of this Province" was paid the sum of ten pounds for his
journey.12
This seal was made by placing two cakes or layers of wax
together, between which was the ribbon or tape with which the
instrument was interlaced and by which the seal was appended.
It was customary to put a piece of paper on the outside of these
cakes before they were impressed. The seal complete was 4%
inches in diameter and from % to % inch thick and weighed
about 5% ounces.
In 1736 Governor Johnston imagined that the seal of the late
Lords Proprietors "might yet remain in the Province and be
privately affixed to blank patents which had been left subscribed
with the names of the Proprietors' Council, but not sealed," so an
inquiry was made of Governor Burrington and Mr. Skelton, Sec-
retary of the late Lords Proprietors, to knoAV what had been done
with the old seal ; whereupon Governor Burrington reported that
he had transmitted the Proprietors' seal to the Duke of New-
castle, one of the King's Secretaries of State.13
In January, 1739/40, Governor Johnston was reproved for his
failure to annex the Great Seal of the Province to Acts trans-
mitted to Whitehall.14
At a council held at New Bern, December 14, 1767, Governor
Tryon produced to the Board a new Great Seal for the Province
8C. R., Vol. Ill, p. 125. 1£C. R., Vol. Ill, p. 303.
'■'Zieber, Heraldry in America, p. 157. 13C R., Vol. IV, pp. 201, 202, 213, 214.
i°C. R., Vol. Ill, pp. 119, 120, 125, 133. UC, R., Vol. IV, pp. 420, 424.
"C. R., Vol. Ill, p. 215.
\
Seal of the Province of North Carolina 1730-1767.
(Obverse.)
ACTUAL SIZE OF SEAL.
Seal of the Province of North Carolina 1730-1767.
(Reverse,)
Seal of the Province of North Carolina used after 1767.
(Obverse.)
ACTUAL size of seal.
>eal of the Province of North Carolina used after 1767.
(Reverse.)
7
with his Majesty's Royal Warrant bearing date at the Court of
St. James the 9th day of July, 1767. The old seal was sent to
New York by Captain Collet, commander of Fort Johnston, to be
returned to his Majesty's Council Office of Whitehall. Accom-
panying his Majesty's warrant was a description of the new
seal, which was engraved on the one side with the royal "Arms,
Garter, Crown, Supporters and Motto, and this inscription
round the circumference Georgius III D : G : Mag. Bri. Fr. et
Hib. Rex, F. D. Brun, et Lun. Dux. S. R. I. ar Thes. et El. on
the other side our Royal Effigies ; and Liberty represented intro-
ducing Plenty to us, with this Motto — Quae Sera Tamen Res-
pexit — and this legend round the circumference Sigillum, Pro-
vinciae Nostrae Carolinae, Septentrioiialis." This seal was to
be used in sealing all patents and grants of lands and all pub-
lic instruments passed in the King's name and service within
the province.15 It was 4 inches in diameter, % to % inches
thick, and weighed 41//> ounces. In 1767 "His Majesty in Coun-
cil approved fourteen new seals for the following Islands and
Provinces in America viz : Jamaica, Barbadoes, Leward Islands,
Bahama Islands, Nova Scotia, Massachusetts Bay, New Hamp-
shire, New Jersey, New York, Virginia, North Caroli^i, South
Carolina and Georgia."16 It is probable that the reverse of all
these was the same and in some of them the obverse sides had
points of similarity.
It appears that sometimes a smaller seal than the Great Seal
was used, as I have seen commissions and grants with a small
heart-shaped seal about one inch wide and a quarter of an inch
thick which was impressed with a crown. Also a seal was
occasionally used about three inches long and two inches wide
and half an inch thick, in the shape of an ellipse. These im-
pressions were evidently made by putting the wax far enough
under the edge of the Great Seal to take the impression of the
crown. The royal governors also sometimes used their private
seals on commissions, etc.
Lord Granville on the grants issued by him used his private
seal. The last reference I find to the Colonial Seal is in a letter
from Governor Martin to the Earl of Hillsboro in November,
15C. R., Vol. VII, pp. 532-533. ™C. R., Vol. XI, p. 211.
1771, in which ho said "that the Province Seal was broke," but
that ho had had it repaired and that it had been "awkardly
mended but in such manner as to answer all purposes."17
When the government of the State of North Carolina was
organized, the Constitution adopted at Halifax, December 18,
1776, provided, Section XVII, "That there shall be a seal of
this State, which shall be kept by the Governor, and used by him
as occasion may require ; and shall be called the Great Seal of
the State of North Carolina and be affixed to all grants and
commissions." The Constitutional Convention of 1835 brought
this section forward unchanged.
The Convention of 1868 changed the Constitution somewhat
and the Convention of 1875 brought the section referring to
the seal forward as adopted in 1868, which now reads :
"Sec. 16. There shall be a seal of the State, which shall be
kept by the Governor, and used by him as occasion may require,
and shall be called 'The Great Seal of the State of North Caro-
lina.' All grants and commissions shall be issued in the name
and by the authority of the State of North Carolina, sealed with
'The Great Seal of the State,' signed by the Governor and coun-
tersigned by the Secretary of State."
On December 22, 1776, an ordinance was passed by the Con-
gress at Halifax appointing William Hooper, Joseph Hewes
and Thomas Burke commissioners to procure a Great Seal for
the State of North Carolina, but I find no record of a report
being made by this commission. The ordinance provided that
the Governor should use his "private seal at arms" until the
Great Seal was secured. On April 29, 1778, a bill which became
a law on May 2d was introduced in the House of Commons of
Note. — In the Constitution adopted by the free men of the State
of Franklin in convention assembled at Jonesborough the 17th of
December, 1784. a seal was provided for in the following section :
"Sect. 17 — That there Shall be a Seal of this State, which shall be
kept by the Governor and used by him as Occasion may Require and
shall be called the Great Seal of the State of Franklin, & be affixed
to all Grants and Commissions." (C. R., Vol. 22. p. 666.)
I do not recall ever having seen a seal of the State of Franklin
on the Franklin papers in this office.
i"C. R., Vol. IX, p. 50.
1779-1794.
(Obverse.)
ACTUAL SIZE OF SEAL.
1779-1794.
(Reverse.)
9
the General Assembly held in ~New Berne for procuring a Great
Seal for the State.18 It provided "that William Tisdale, Esq.,
be and he is hereby appointed to cnt and engrave a seal, under
the direction of his Excellency the Governor, for the use of the
State." On Sunday, November 7, 1779, the Senate concurred
in a resolution passed by the House of Commons allowing Wil-
liam Tisdale, Esq., the sum of one hundred and fifty pounds
for making the Great Seal of the State.19 Under this act a
seal was secured which was used until 1794. The actual size of
this seal was three inches in diameter and Yi inch thick. It was
made by putting two cakes of wax together with paper wafers
on the outside and pressed between the dies forming the obverse
and reverse sides of this seal. The seal press must have been
very large and unwieldy, for Governor Spaight in writing to Col-
onel Thomas in February, 1793, said: "Let the screws by which
the impression is to be made be as portable as possible so as it
may be adapted to our present Itinerant Government. The one
now in use by which the Great Seal is at present made is so large
and unwieldy as to be carried only in a cart or wagon and of
course has become- stationary at the Secretary's office which
makes it very inconvenient." Governor Spaight in January,
1793, in writing of the Tisdale seal then in use says : "The old
Seal is not only nearly worn out but in my opinion has been
always a reproach to the genius of the State." An official de-
Note. — In the library at Grimesland,. among the papers of the late
General Bryan Grimes, are nine of the Tisdale seals in good condi-
tion pendant to grants dated from 1779 to 1784.
There is also a seal of North Carolina, to a grant dated 1745, which
is bulkier than the George II seals usually seen, and is % of an inch
thick and without the usual paper covering.
There are also two imperfect impressions of the Albemarle seal
to two grants dated in 1715. These two grants, containing 1228 acres,
then called Mt. Calvert and Mt. Pleasant and now a part of Grimes-
land Plantation, are among the first entries made in Tuscarora terri-
tory after the Treaty of Peace, and were the first lands granted on
Tar River.
Among these papers is a grant from the Earl of Granville for 700
acres, bearing his seal, and this is the only grant I recall ever having
seen with his seal attached.
18C. R,, Vol. XII, pp. 612, 613, 620, 642, 646, 654, 730, 737, 739, 751.
19C. R,, Vol. XIII, pp. 891, 956, 983.
2
10
scription of this seal cannot be found, but many of the seals are
still in existence in an almost perfect state of preservation. Of
this seal Col. W. L. Saunders writes : "It had two faces or sides
and made its impression upon a cake of beeswax covered with
paper, three inches in diameter and near a quarter inch thick,
and was the last State seal so made, the succeeding ones having
one face only and being applied directly to the paper-writing to
be sealed. This indeed had come to be the practice on ordinary
occasions years before. Governor Tryon states in one of his
dispatches that since 1750, at the request of the inhabitants liv-
ing remote from the Secretary's office, paper had been substi-
tuted for parchment for grants of land and impressions on the
faces of the grants for the heavy pendant wax seals. The bulk
and Weight of the grants to be sent out, if of parchment with
pendant wax seals, caused great 'inconveniency and expense' in
delivery to remote settlers. , Whereas if of paper with seals im-
pressed thereon 'one or two horsemen could take up to them all
the grants issued at a court of claims.' It had been found from
experience too, he said, in this climate, that parchment was more
liable to destruction by insects and little vermin than paper."
The seal of 1778 may be described as follows :
On one side is the figure of Minerva or Liberty holding in the
right hand the pole with cap and in the left hand with arm
extended is held a large scroll on which appears in large capi-
tal letters the word "Constitution." Under the figure appear the
words, IN" LE GIBUS SALUS. Around the circumference are
the words, THE GREAT SEAL OF THE STATE OF NORTH
CAROLINA. On the other side of the shield is the figure of
a woman, probably Plenty. The right arm is folded across
her breast and in her right hand inclining towards her left
shoulder is held a distaff. In the left hand with arm extended
is held an ear of corn. In the distance beyond a tree browses
a cow. Under these figures appear the word and letters INDE-
PENDENCE—MDCCLXXVI. Around the circumference ap-
pear the words O. FORTUNATOS, NIMIUM. SUA. SI. BO-
NA. NORINT. COLONOS., which may be translated, How
fortunate are the colonists who know their oavii good.
In December, 1791, the General Assembly in session at New
Berne again passed an act authorizing and requiring the Gov-
ernor to procure for the State a seal, and provided that it should
1704-1836.
ACTUAL SIZE OF SEAL
11
"be prepared with one side only, and calculated to make the
impression on the face of such grant, commission, record or
other public act," etc. Governor Martin commissioned Col. Abi-
sha Thomas, the agent of North Carolina in Philadelphia for
the settlement of the State's Revolutionary claims against the
Federal Government, to have one made, at the same time sending
him a design therefor.20 After correspondence between Gov-
ernor Martin and Colonel Thomas concerning the seal, in which
suggestions were made by Dr. Hugh Williamson and Senator
Samuel Johnston, both attending Congress in Philadelphia at
that time, they concluded that the design offered by Governor
Martin would not do, and Colonel Thomas submitted a sketch by
an artist. The sketch submitted by the artist to Governor Mar-
tin is as follows : "The figures are Minerva in the act of intro-
ducing Ceres with her horn of plenty to Liberty, who is seated
on a pedestal holding in her right hand a book on which is
inscribed the word 'Constitution.' In the background are intro-
duced a pyramid, denoting strength and durability and a pine
tree which relates immediately to the produce of the State."
This sketch, omitting Minerva and with other changes, was
finally accepted by Governor Spaight, and Colonel Thomas had
the seal made accordingly. The seal was cut some time in the
summer of 1793, and Colonel Thomas brought it home with him
in time for the meeting of the Legislature in November, 1793, at
which session it was "approbated." The screw to the seal would
not work, so in 1794 the General Assembly passed an act author-
izing the use of the old seal of 1778 until the new one could be
put in order.2 1 No official description of this seal has been found,
but it was very much like the present one. It has two figures.
Liberty and Plenty. Liberty is seated on a pedestal with her
pole in her right hand, and her cap on the pole ; in her left
hand is a scroll with the word "Constitution" upon it. Plenty
is standing to the left and front of Liberty; around her head is
a circlet of flowers ; in her right hand, leaning against her shoul-
der, is her cornucopia, mouth upwards, overflowing with fruits
and produce. In her left is an ear of corn. Around the circum-
ference are the words THE GREAT SEAL OF THE STATE
OF NORTH CAROLINA.
20See Appendix. 21See Appendix, Act of 1794.
12
This seal was 2% inches in diameter, slightly larger than the
present one, and was used until about 1835.
In the winter of 1834-'35 the Legislature passed an act
authorizing the Governor to procure a new seal. The preamble
to the act states that the old seal had been in use since the first
day of March, 1793.22 The seal adopted in 1835, which was used
until 1883, was very similar to its predecessor. On it Liberty
and Plenty faced each other. Liberty standing, her pole with
cap on it in her left hand, and a scroll with the word "Consti-
tution" inscribed thereon in her right hand. Plenty, sitting-
do wn, her right arm half extended towards Liberty, three heads
of wheat in her right hand, and in her left the small end of her
horn, the mouth of which is resting at her feet, and the con-
tents of her horn rolling out. Around the circumference were
the words The Great Seal of the State of North Carolina. This
seal was 21/4 inches in diameter. In 1868 the Legislature
authorized the Governor to procure a Great Seal, and required
him to provide a new seal whenever the old one was lost or so
worn or defaced as to render it unfit for use.23
In 1883 Col. S. McD. Tate introduced a bill, which became an
act (Chapter 392, Public Laws of 1883), and was incorporated
in The Code as section 3329. The seal therein provided for is
described as follows :
"The Great Seal of the State of North Carolina shall be two
and one-quarter inches in diameter, and its design shall be a
representation of the figures of Liberty and Plenty, looking
toward each other, but not more than half fronting each other,
and otherwise disposed as follows : Liberty, the first figure,
standing, her pole with cap on it in her left hand and a scroll
with the word 'Constitution' inscribed thereon in her right
hand. Plenty, the second figure, sitting down, her right arm
half extended towards Liberty, three heads of wheat in her
right hand, and in her left the small end of her horn, the mouth
of which is resting at her feet, and the contents of the horn
rolling out."
Note. — I can find no record of a new seal having been procured in
1868.
-Should have been 1794. 2:See Appendix.
1836-1883.
ACTUAL SIZE OP SEAL.
1893-1907.
ACTUAL SIZE OF SEAL.
13
At this time the ship that appeared in the offing in the seals
of George II and George III and in our seals from 1835 to 1883
seems to have disappeared, and the designer of the seal shows
mountains in the background instead of both the mountains and
the sea as formerly.
In 1893 Hon. Jacob Battle introduced a bill which became
chapter 145. This made no change in the seal of 1883 except to
add at the foot of the coat-of-arms of the State as a part thereof
the motto "Esse Quam Videri," and that the words "May 20,
1775," is inscribed at the top of the coat-of-arms.24
The present Great Seal of the State of JSTorth Carolina is
■described as follows :
The Great Seal of the State of North Carolina is two and
■one-quarter inches in diameter, and its design is a representa-
tion of the figures of Liberty and Plenty, looking toward each
other, but not more than half fronting each other, and otherwise
disposed as follows : Liberty, the first figure, standing, her pole
with cap on it in her left hand and a scroll with the word "Con-
stitution" inscribed thereon in her right hand. Plenty, the
second figure, sitting down, her right arm half extended towards
Liberty, three heads of wheat in her right hand, and in her left
the small end of her horn, the mouth of which is resting at her
feet, and the contents of horn rolling out. In the exergon is
inserted the words May 20, 1775, above the coat-of-arms. Around
the circumference is the legend "The Great Seal of the State
of Worth Carolina" and the motto "Esse Quam Videri."
Note. — The North Carolina Historical Commission will appreciate
the gift or loan of North Carolina seals in order to make a complete
collection of the same. They will also be glad to get the private seals
and coats-of-arms of the early Governors of North Carolina and of
families identified with the history of the State.
2-"See Appendix. Sscs. 5320, 5339, 5340, Vol. II, Revisal of 19)5 of N. C.
APPENDIX.
Note A. — Just after the Revolution several of the States adopted
seals, bearing the figures of Minerva and Ceres or Liberty and Plenty.
Liberty and Plenty appeared in the North Carolina colonial seal and
are now in our Great Seal.
On the reverse of the Virginia seal of 1776 are the figures of Lib-
erty with her pole and cap. Plenty with the three heads of wheat in
her right hand and the cornucopia held in her left hand with the
mouth leaning against her shoulder and Aeternitas with the globe and
phoenix. One of the first shields prepared for the United States by
the committee of the Continental Congress in 1776 composed of Frank-
lin, Adams and Jefferson, had as one of the "supporters Dexter the
Goddess of Liberty in a corselet of armour, alluding to the present
times, holding in her right hand the spear and cap and with her left
supporting the shield of the States."25
In 1780 another committee reported another seal to Congress on
the reverse side of which was "The figure of Liberty seated in a chair
holding the staff and cap. The motto SEMPER and underneath
MDCCLXXVI.20
The Goddess of Liberty appears in the present seals of Arkansas,
Idaho and other States. The figure of Liberty also appears in an
early Pennsylvania seal. The design of the seal of New Jersey has
the figures of Liberty with pole and cap, and Plenty with cornucopia
in left hand, leaning against her shoulder, etc. This was designed by
Pierre Eugene Du Simitiere of Philadelphia in October, 1776. He
had just furnished the seal of Virginia in August, 1776, and was
then preparing the Georgia and Delaware seals. The figure of Lib-
erty with her pole and cap appears in the New York seal. The
reverse side of the Colonial Seal of New York in the reigns of George
II. and George III., as far as I can judge from illustrations and de-
scriptions I have seen, was identical with the North Carolina seals of
that period; in fact, I take it that the royal arms constituted the
reverse side of the seals of all the royal colonies.
[C. R., Vol. Ill, page 79.]
(B. P. R. O., North Carolina, B. T., Vol. 21, p. 26, now Colonial Office, Class 5,
Vol. 323.)
LORDS OF TRADE TO THE KING, 25 MARCH, 1730.
To the King's most Excelt. Majesty
May it please Yor Majesty.
In Obedience to Yor. Majtys commands signified to Us by Your
Order in Council of ye 21th of last Month, directing us, to cause the
Note. — There is some difference in the extracts from Colonial Records as appear
here and in the printed volumes. The proof of the copy here was verified from the
original papers now in the Colonial Office in London by Messrs. B. F. Stevens & Brown.
25Zieber, p. 96. 2GZieber, p. 97.
16
Draught of a Seal to be prepared for Yor Majesty's Province of
North Carolina, & to lay the Same before Your Majesty for Yor
Royal Approbation, We humbly take leave to Annex hereto a draught
accordingly whereon Liberty is represented, introducing Plenty to
Your Majesty with this Motto, Quae sera tamen respexit, and this
Inscription round the Circumference: Sigillum Provinciae Nostra'e
Carolinae Septentrionalis
On the Reverse of this Seal, We would humbly propose Your
Majesty's Arms, Crown, Garter, Supporters & Motto, with this In-
scription round the circumference, Geo: II: Dei Gratia Magnae
Britaniae Franciae, et Hiberniae, Rex, Fidei Defensor, Brunsvici et
Lunenbergi Dux, Sacri Romani Imperii Archi Thesaurarius, et Elector.
All which is most humbly submitted.
WESTMORELAND
P. DOCMINIQUE
T. PELHAM
M. BLADEN
ED. ASHE
Whitehall March 25th 11 SO.
[C. R., Vol. Ill, page 79.]
(B. P. R. O., North Carolina, B. T., Vol. 8, A. 7, now Colonial Office, Class 5,
Vol. 293.)
At the Court at St. James's the 10th day of April 1730.
Present
The King's Most Excellent Majesty in Councill
Upon reading this day at the Board a Report from the Lords Com-
missioners for Trade and Plantations dated the 25th of March last
with the Draught of a Seal for the Province of North Carolina,
whereon Liberty is represented introducing Plenty to His Majesty
with this Motto Quae sera tamen respexit ; and this inscription round
the Circumference, Sigillum Provinciae Nostrae Carolinae Septen-
trionalis. And the said Lords Commissioners humbly propose that
on the Reverse may be His Majesty's Arms, Crown, Garter Support-
ers, and Motto with this inscription round the Circumference, Geor-
gius Secundus, Dei Gratia, Magnae Britanniae, Franciae, et Hiberniae,
Rex Fidei Defensor; Brunsvici et Lunebergi Dux; Sacri Romani
Imperii Archi-Thesaurarius, et Elector :■ — His Majesty in Councill
this day took the same into Consideration and was pleased to approve
thereof, and to Order as it is hereby Ordered that His Chief En-
graver of Seals Do forthwith Engrave a Silver Seal according to the
said Draught which is hereunto annexed and to what is above pro-
posed by the said Lords Commisrs. for the Reverse of the said Seal ;
17
And His Grace the Duke of Newcastle one of His Majesty's Principall
Secretarys of State is to Cause a Warrant to be prepared for His
Majesty's Royall Signature to the said Engraver as usual upon the
like Occasions.
A true Copy JA : VERNON.
[C. R., Vol. Ill, page 119.]
(B. P. R. O., Am. and W. In J., No. 592, now Colonial Office, Class 5, Vol. 308.)
WARRANT TRANSMITTING NEW SEAL FOR NORTH
CAROLINA, 1730.
To Our Trusty and Welbeloved George Burrington Esqre Our Cap-
tain General and Governor in Chief of Our Province of North Caro-
lina in America ; Or to the Commander in Chief of Our said Province
for the time being, Greeting. With this you will receive a Seal pre-
pared by Our Order for the Use of Our said Province the same being
Engraven on the one side with our Arms, Garter, Crown, Supporters
and Motto, and this Inscription round the Circumference, Georgius
II. D. G. Mag. Bri : Fr et Hib. Rex. F. D. Brim, et Lun. Dux. S. R. I.
Arc. Th. et Pr. El. on the other Side Our Royal Effigies, and Liberty
represented introducing Plenty to Us with this Motto. Quae Sera
Tamen Respexit. And this Inscription round the Circumference,
Sigillum Provinciae Nostrae Carolinae Septentrionalis. Our Will and
Pleasure is, and We do hereby Authorize and direct, that the said
Seal be used in the Sealing all Patents and Grants of Lands, and all
Publick Instruments which shall be made and passed in Our Name
and for Our Service within Our said Province ; And that the same
be to all Intents and Purposes, of the same Force and Validity as any
other Seal heretofore used within the said Province. And we do
further Command and require you upon the receipt of the said Seal,
to return the former Seal to Our Commissioners for Trade and Plan-
tations, to be laid before Us as usual, in order to it's being defaced
in like manner with other Seals by Us in our Privy Council. Given
at Our Court at St. James's the ... Day of 1730, in the
fourth Year of Our Reign.
[C. R., Vol. Ill, page 120.]
(B. P. R. O. North Carolina, B. T., Vol. 8, A. 10, now Colonial Office,
Class 5, Vol. 306.)
At the Court at St. James's the 14th day of December 1730
Present
The King's Most Excellent Majesty in Councill
A New Seale for His Majestys Province of North Carolina having
been this day laid before His Majesty in Councill for His Royall
Approbation His Majesty was pleased to approve thereof and to Order
18
as it is hereby Ordered that the Lords Commissioners for Trade and
Plantations Do prepare a Draught of a Warrant for transmitting the
said Seale to the Governor of the said Province and Empowering him
to make use thereof — And the said Lords Commissioners are to lay
the said Draught before his Grace the Dnke of Newcastle One of His
Majestys Principal! Secretarys of State in Order to Obtain His Maj-
estys Sign Manuall thereto — And afterwards to transmitt the said
Warrant with the said Seale to the Governor of the said Province
accordingly. JAS VERNON.
[C. R., Vol. Ill, page 120.]
(B. P. R, O., Am. and W. Ind., No. 592, now Colonial Office, Class 5, Vol. 306.)
LORDS OF TRADE TO THE DUKE OF NEWCASTLE,
MY Lokd, DECEMBER 31th, 1730.
Having in obedience to his Majesty's Order in Council of the 14th
Instant, prepared the Draught of a Warrant for transmitting a new
Seal for His Majesty's Province of North Carolina, to the Governor
of the said Province, impowering him to make use thereof, and
requiring him to transmit the old Seal in Order to its being defaced
in like manner with other Seals by his Majesty in Council ; We here
inclose the said Draught of a Warrant which we desire your Grace
will please to lay before His Majesty for his Royal Signature.
We are
My Lord, Your Grace's
most obedient and
most humble Servants
P. DOCMINIQUE
T. PELHAM
JA: BRUDENELL
CH. CROFT
Whitehall December 31st 1730.
His Grace the Duke of Newcastle.
[C. R., Vol. VII, p. 532.]
(From MS. Records in Office of the Secretary of State.)
COUNCIL JOURNALS.
At a Council held at Newbern Monday 14th December 1767
His Excellency produced to this Board a new Great Seal of this
province, with his Majesty's Royal warrant bearing date at the Court
of St. James the 9th day of July 1767 — Authorizing the use of the
same, and requiring the old seal to be returned to his Majestys Coun-
cil office of Whitehall
19
And his Excellency informed this Board, that he yesterday sent
the old seal to New York by Capt. Collet Commander of Fort John-
ston in order to be forwarded Home — Ordered — That a Proclamation
issue inserting His Majestys warrant for the use of the new seal in
the following words, Viz —
North Carolina — Ss.
By His Excellency William Tryon Esq' &c.
A PROCLAMATION.
Whereas I have received from the Earl of Shelburne one of his
Majestys principal Secretarys of State a new Great Seal for this
Province with a warrant under his Majestys sign Manual to use the
same in the following words, Viz
George R. To our trusty and well beloved William Tryon Esq' our
Captain General and Governor in Chief of our province of North
Carolina In America or to the Commander in Chief of our said
province for the time — Greeting :
With this you will receive a Seal prepared by our order for the
use of our said province : the seal being engraved on the one side with
our Arms, Garter, Crown Supporters and Motto, and this inscription
round the circumference Georgius III, D : G : Mag, Bri, Fr, et Hib,
Rex, F. D. Brim, et Lun, Dux. S. R. I. ar Thes, et El. on the other
side our Royal Effigies ; and Liberty represented introducing Plenty
to us, with this Motto— Quae Sera Tamen Respexit — and this inscrip-
tion round the circumference Sigillum, Provinciae, Nostrae, Carolinae,
Septentrionalis — Our will and Pleasure, is and we do hereby authorize
and direct that the said seal be used in sealing all Patents and Grants
of Lands, and all Public Instruments which shall be made and passed
in our name, and for our Service within the said Province ; and that
it be to all Intents and Purposes of the same force and validity, as
any other seal heretofore used within the said Province, And we do
further will and require you upon Receipt of the said seal, to return
the old seal to our Council Office at Whitehall in order to its being
defaced by us in our privy Council. Given at our Court at St. James's
the 9th day of July 1767
In the seventh year of our Reign
By hi,s Majestys Command SHELBURNE.
I have therefore thought proper by and with the advice and con-
sent of his Majestys Council to issue this proclamation to notify that
the New Great Seal will from the date hereof be made use of in this
Province, and that the late Great Seal agreeable to the Royal Com-
mands is transmitted to England
Given under my hand and the Great seal of this province at New-
bern Wm TRYON.
20
[C. R., Vol. IV, page 119S.J
New-Bern the 5th of April 1749.?
North Carolina.
To his Excellency Gabriel Johnston Esqre Captain General and Com-
mander in Chief of Ms Majesties Province of North Carolina
The Memorial of the Members of His Majesty's Council of the said
Province.
May It Please Your Excellency.
After the Charter granted by King Charles to the Lords Proprietors
of Carolina they formed several Constitutions or Rules of Govern-
ment wherein (inter alias) It was provided that the lands should be
laid off into Counties each county to be a seperate Government and a
Proprietor or his Deputy to have the Government of it But still
the whole eight Counties to be under the Government of the Eight
Proprietors accordingly the first Government or County was that of
Clarendon County on Cape Fear River so called from the Earl of that
Title first mentioned in the Charter the second was that of Albemarle
from the duke of that name next in the Charter and it is to be
remarked that the Deed of Grant to this County so highly valued by
the Inhabitants of it and upon which so great a stress is laid with
regard to his Majesty rents was directed to Samuel Stephens Gov-
ernour of our above County of Albemarle and the seal of that County
Government (used as the seal of North Carolina untill the King's
purchase) had together with the arms of the eight Proprietors the
word Albemarle in capitals fixed between the Coats.
NATH: RICE ELEAZAR ALLEN
ROBERT HALTON MATHEW ROWAN
ROGER MOORE
CORRESPONDENCE.
ABISHA THOMAS TO GOVERNOR ALEXANDER MARTIN.27
Philad[e]l[phia], 16th June 1792
Sir
Doctor Williamson happened to be here when your letters arrived,
which I was certainly much pleased with. He took possession of the
great Seal business, kept it two days, then threw it on my hands and
went off without doing any thing in it. This is truly alarming, for
really I know nothing about the business and I am afraid of having it
spoiled, besides the Doctor advised me not to have it done, he found
fault with the Latin of the Motto ; however I consider your Excel-
lency's instructions superior to his advice. I will hold council with
some of the Connissieurs and endeavor to have it elegantly executed.
I am with much respect and attachment
Sir
Your Excellencys
Most obt. Servt.
ABISHA THOMAS TO GOVERNOR ALEXANDER MARTIN.28
Philad[e]l[phia]. 22 July 1792
Sir
Since my last to you I have consulted Mr. Johnston29 respecting the
great Seal, he told me that Doct[o]r Williamson has shewed him the
device, and suggested some additions or alterations, which he said
the Doctor would propose to your Excellency when he met you at
Hillsborough in August, in consequence of which I have postponed
having it executed until I again hear from you on the subject.
GOV. RICH[AR]D D[OBBS] SPAIGHT TO ABISHA THOMAS.30
Newbern 9th January 1793.
Sir;
I have understood from Gov : Martin that he had wrote to you, to
procure a great seal for the State agreeable31 to an act of the General
Assembly at their sessions in 1791 and that you had undertaken to
27A. L. North Carolina Historical Commission. Executive Files. Alexander Mar-
tin. Draft in handwriting of Abisha Thomas.
28A. L. North Carolina Historical Commission. Executive Files. Governor Mar-
tin. Draft in handwriting of Abisha Thomas.
2!Samuel Johnston [?], then in United States Senate.
30From Executive Letter Book, p. 9. 3lIn the original: agreable.
22
have a proper one executed and sent forward, if it is executed I will
thank yon to forward it to me as soon as possible if it is not finished
I will he obliged to yon to have it done immediately and sent to me.
as the old Seal is not only nearly worn out but in my Opinion has
been always a reproach to the genius of the State.
I am Sir
Yr. most Obt Servant
RICHD. D. SPAIGIIT.
Abisha Thomas Esquire Agent for the State of No Carolina.
ABISHA THOMAS TO RICH[AR]D D[OBBS] SPAIGHT.32
Philadelphia 24th January 1793.
Sir
P. S. January 30th.
With regard to the Great Seal I am at a loss how to act. It is
agreed on all hands that the Sketch transmitted by Governor Martin
will not do. He authorized me to procure an artist to sketch some-
thing from it and to transmit the same to him for approbation. I
did so, he disapproved and directed me to proceed no farther in the
business untill farther orders — thus the matter rests. I send you a
copy of the Governors sketch with his explanation. I wish I could
send you the other but did not copy it perhaps Governor Martin has
furnished you with it. bower I can nearly (perhaps precisely)
explain it, the figures are Minerva in the act of introducing Ceres
with her horn of plenty to Liberty who is seated on a pedestal hold-
ing in her right hand a book on which is inscribed the wrord "Consti-
tution" in the back ground are introduced a pyramid denoting Strength
and durability ; and a pine tree which relates immediately to the
produce of the State &c. the first is too complex to be executed on
so small a Scale, besides say the men of science it is not conformable
to the rules of Heraldry to quarter the Arms or the Seal of a single
sovereign State. The Governor wished to have something expressive
of Commerce and Agriculture introduced ; this I think might be done
in addition to the figures above named. He also authorized me to
change the Motto from "His Cresco" to "Haec nuncru nostvo."'
With the utmost respect and attachment
I remain Sir
Your Excellency's
Most Obedient Sert.
ABISHA THOMAS.
3-2From Letter Book of Governor Spaight. North Carolina Historical Commission
collection.
His Excellences Riclicl. Dobbs Spaight Esqr. Govr. &c.
(ENCLOSURE.)
The great seal is laid off into quarters, the first Sinister is intended
for a Sheaf of Wheat and I wish that Ceres with her torch could be
inserted to represent the farming interest in the Western part of this
State. The first dexter is intended for AmaUhea with her cornuco-
piae heaped with Indian corn, that the Corn is falling out represent-
ing the great planting interest of Roanoke and the Northern part,
the second Dexter is filled with Hhds. barrels and bales of Goods
representing the Commerce of the State, the fourth Sinister contains
a pine tree representing the lumber pitch tar and turpentine produc-
tions of the Southern part with liberty standing under the shade with
her cap on a staff by her right hand and the Constitution held by her
left. The Artist must correct the disposition of the figures and give
them such ornaments and ease necessary, for the classic drapery of
the two Goddesses or rather ladies he must consult the cuts of the
Pantheon. — I think however their robes are lose and open before to
the Knee some part of which are tied with a knot. The motto "His
cresco" to be done in the shape of a ribband or label at the bottom,
the whole to be engraved deep that a fair and plain impression may
be perceived. The diameter of the Seal comprehends three inches.
I am doubtfull this size is rather too large, the size of the great seal
of the United States would be about proper if the figures can be
inserted as well as in the size herewith.
(signed) ALEX MARTIN.
GOV. RICH[AR]D D[OBBS] SPAIGHT TO ABISHA THOMAS.33
North Carolina Newbern 18th February 1793.
Sir
Being perfectly ignorant of the Science of Heraldry I would not
presume to give any particular directions respecting the great Seal of
the State the copy you sent Governor Martin I saw when it was in
the Commons but cannot find it among the papers returned to me by
Mr. Hunt I prefer it by far to Governor Martin's Sketch I think
his too large and the Objects too crowded and diminutive, the fault
which you found with the copy you sent the Governor might be easily
amended by adding a Ship in the most proper part which is in my
opinion the most sublime emblem of Commerce, and will stand for
boxes, bails, tobacco, Hhds. pitch, tar, and turpentine barrels, and a
thousand other minute articles the basis of Commerce.
I shall leave the business wholly to you, you are in a City where
the arts and Sciences are understood and where you can get the
33From Executive Letter Book, pp. 20-21.
34
necessary information and assistance. I shall be glad to have it done
soon ;ui(l forwarded to me. let the screw by which the impression is
to be made be as portable as possible so as it may be adapted to our
present Itinerant Government, the one now in use by which the
great seal is at present made is so large and unwieldy as to be carried
only in a ('art or Waggon and of course has become stationary at the
Secretary's Office which makes it very inconvenient.
I have the honor to be with respect
Sir
Your most Obedt. Servant
RICH. D. SPAIGHT.
Abisba Thomas esqr. Philadelphia.
GOV. RICH[AR]D D[OBBS] SPAIGHT TO ABI-SHA THOMAS.34
New Bern 24th. June 1793.
Dear Sir
I have not yet been informed by you whether any or what progress
has been made in getting a Great Seal for the State. I wish it could
be done as soon as possible, consistent with having it well done. I
want it likewise complete with a steel screw to make the impression,
and portable enough to be carried about without much difficulty.
I am Dear Sir
Your most Obt. Servt.
RICHD. D. SPAIGHT.
Abisha Thomas esquire Philadelphia.
ABISHA THOMAS TO GOV. RiCH[AR]D D[OBBS] SPAIGHT.33
Dear Sir
I have now in hand the Great Seal. Dr. Williamson is so obliging
as to aid me. and from his extensive knowledge and assiduity, I feel
sanguine that something will be produced, which will merit the appro-
bation of your Excellency and the legislature.
I am with much respect
Yr. Excellencys
Mo Obed. Servant
ABISHA THOMAS.
His Excellency Richd. D. Spaight.
E4From Executive Letter Book, pp. 64-65.
•S5From Executive Letter Book, pp. 70-71.
25
ABISHA THOMAS TO RICH[AR]D D[OBBS] SPAIGHT."
Philadelphia 8th Augt. 1794 [3].
Dr Sir
Before I was taken37 I endeavoured to have a screw seal press made
but the makers were all so engaged that none of them could under-
take it within any reasonable time. I shall however not cease my
endeavours untill I get one which shall be forwarded with the wafers
which are ready.
I am &c.
ABISHA THOMAS.
His Excellency Richard D. Spaight.
GOV, RICH[AR]D D[OBBS] SPAIGHT TO ABISHA THOMAS.38
New Bern 19th. Augt. 1793.
Dear Sir
I hope you will not fail to bring with you when you return, the new
great seal, and that it may meet with the approbation of the Legis-
lature. I am Dear Sir
yrs. &c.
RICHARD D. SPAIGHT.
Abisha Thomas esqr.
3GFrom Executive Letter Book.
37He had just written: "I received in due time your Excellency's letter of 22nd
June for a fortnight past I was indisposed so as to be incapacitated for business
thank God I am much recovered and yesterday turned out, this morning I feel still
better."
38From Executive Letter Book, p. 74.
LAWS IN REFERENCE TO SEAL, 1776-1893.
ORDINANCE ADOPTED AT HALIFAX, DECEMBER, 1776.
An Ordinance for Appointing Certain Commissions Therein Named,
to Procure a Great Seal for this State, and Other Purposes
Therein Mentioned.
Whereas it is necessary that a great seal should immediately be
procured for this state for the use of the Governor for the time
being, to be affixed to all grants, proclamations and other public acts ;
and that certain commissioners be appointed for that purpose :
II. Be it therefore ordained, and it is hereby ordained, by the repre-
sentatives of the freemen of the state of North-Carolina, in Congress
assembled, and by the authority of the same, That William Hooper,
Joseph Hewes, and Thomas Burke, Esquires, be appointed commis-
sioners to procure for this state, for the use of the Governor for the
time being thereof, a great seal, to be affixed to all grants, procla-
mations and other public acts.
III. And be it further enacted by the authority aforesaid, That the
Governor for the time shall, until the great seal can be procured,
make use of his own private seal at arms, and affix the same to all
grants, proclamations, and other public acts of this state.
Ratified the 22d of December. 1776.
ACT PASSED BY GENERAL ASSEMBLY AT NEWBERN,
APRIL, 1778.
An Act for Procuring a Great Seal for this State.
Whereas it is necessary that a great seal be procured, to be used
by the governor for the time being as the seal of this state :
II. Be it therefore enacted the General Assembly of the state of
North-Carolina, and it is hereby enacted by the authority of same,
That William Tisdale, Esq. be and he is hereby appointed to cut and
engrave a seal, under the direction of his excellency the governor,
for the use of the state ; and the said seal, when engraved, shall be
called the great seal of the state of North-Carolina, and shall be used
and affixed by the governor for the time being to all grants, procla-
mations and other public acts of the executive authority of this state.
ACT PASSED BY THE GENERAL ASSEMBLY AT NEWBERN,
DECEMBER, 1791.
An Act to Provide a Proper Seal for the State, and the Several
Courts of Record.
I. BE it enacted by the General Assembly of the state of North-
Carolina, and it is hereby enacted by the authority of the same, That
the Governor be and he is hereby authorized and required to procure
for the state a seal, which shall he called the Great Seal of North-
Carolina, to be used for attesting and authenticating grants, procla-
mations, commissions and other public acts, in such manner as may
be directed by law, and the usage established in the public offices ;
also a seal for each of the courts of record within this state, for the
purpose of authenticating the papers and records of such courts when
required.
III. And be it further enacted by the authority aforesaid, That the
seals provided by the direction of this act, shall be prepared with one
side only, and calculated to make the impression on the face of such
grant, commission, record or other public act ; and the present Great
Seal shall not be used in any case whatever after the seals prescribed
by this act are procured.
IV. And whereas the seals annexed to grants and other public
papers are in many cases lost and destroyed : Be it enacted by the
authority aforesaid, That in all such cases where any person or per-
sons may find it necessary to have the seal of the state put again to
such grant or other public papers that he, she or they may prefer
his, her or their petition to the Governor and Council who shall, if
they shall deem the same proper, after examining such grant or other
paper, order and direct the Secretary to put the seal of the state
thereto, for which he shall be allowed the usual fees.
ACT PASSED AT FAYETTEV1 LLE, DECEMBER, 1793.
An Act Approbating the New Great Seal of the State.
Whereas in pursuance of an act passed at Newbern in the year
one thousand seven hundred and ninety-one, entitled, "An act to
provide a proper seal for the state and the several Courts of record,
the Governor hath procured a new great seal for the state, calculated
to make an impression on the face of the grant, commission or other
public act with one side only :
L. Be it therefore enacted by the General Assembly of the state
of North-Carolina, and it is hereby enacted by the authority of the
same, That after the first day of March next, the said new great seal
shall be used for attesting and authenticating all grants, commis-
sions, proclamations, and other public acts ; and the said new great
seal shall be good and valid, to all intents and purposes, as the
former great seal hath heretofore been, any law, usage or custom to
the contrary notwithstanding. Provided nevertheless, That the for-
mer great seal of the state shall and may be used for attesting and
authenticating grants, commissions, proclamations and other public
acts, until the said first day of March next, and until the said new
seal shall be deposited in the Secretary's-office, and after that day
shall be kept for the purposes mentioned in the fourth and last section
of the above recited act.
28
ACT PASSED AT GENERAL ASSEMBLY HELD AT RALEIGH,
DECEMBER, 1794.
(First General Assembly held at Raleigh.)
[Chapter 1!).]
An Act to Amend the Act Appointing the New Great Seal of the
State Passed at Fayetteville the Last Annual Session.
Whereas a proper screw lias not yet been procured to make impres-
sions with the new Great Seal :
I. Be it enacted by the General Assembly of the state of North-
Carolina, and it is hereby enacted be the authority of the same, That
all grants, commissions, proclamations and other public acts which
haye been attested and authenticated with the old Seal, since the
time prescribed in the said act for the nse of the new Great Seal, or
which may so attested and authenticated, shall be good and valid
in law to all intents and purposes. And the Governor is hereby
authorised to continue the use of the old Seal until he shall be able
to procure a screw to make impressions with the new one.
And whereas the said act directs that the new great Seal of the
state shall be deposited in the Secretary's office, which is contrary
to a provision in the constitution.
II. Be it enacted, That so much of the said act as directs the said
Seal to be deposited in the Secretary's office, be and the same is
hereby repealed and made void.
ACT OF GENERAL ASSEMBLY, SESSION OF 1834-'35.
[Chapter 24.]
An Act Authorizing the Governor to Procure a New Great Seal
for the Use of the State.
Whereas, the great seal of this State, which has been used since the
first day of March one thousand seven hundred and ninety-three, has
become so much worn as to render it necessary to obtain a new one.
Be it enacted by the General Assembly of the State of North Caro-
lina, and it is hereby enacted by the authority of the same, That
the Governor shall be, and he is hereby authorised to procure a great
seal for this State, which shall bear suitable devices; and that such
new great seal, when so procured, shall be used to attest and authen-
ticate all grants, commissions, proclamations, and other public acts,
to which such attestation and authentication may be necessary.
29
ACT OF GENERAL ASSEMBLY, SESSION OF 1868-'69.
(Chapter 270.)
* * * * * * * *
Sec. 35. The Governor shall procure for the State a seal, which
shall be called the Great Seal of the State of North Carolina, to be
used for attesting and authenticating grants, proclamations, commis-
sions and other public acts, in such manner as may be directed by
law, and the usage established in the public offices ; also a seal for
every court of record of the State, for the purpose of authenticating
the papers and records of such court.
Sec. 3G. Whenever the Great Seal of the State, or any seal of a
court of record shall be lost, or so worn or defaced as to render it
unfit for use, the Governor shall provide a new one. and when new-
seals are provided, the former ones shall not be used.
CONSTITUTION OF 1868.
Sec. 16. There shall be a seal of the State, which shall be kept
by the Governor, and used by him, as occasion may require, and shall
be called "the Great Seal of the State of North Carolina." All grants
and commissions shall be issued in the name and by the authority of
the State of North Carolina, sealed with "the Great Seal of the State,"
signed by the Governor and countersigned by the Secretary of State.
BATTLE'S REVISAL 1873.
(Chapter 78.)
31. The Governor shall procure for the State a seal, which shall
be called the Great Seal of the State of North Carolina, to be used
for attesting and authenticating grants, proclamations, commissions
and other public acts, in such manner as may be directed by law, and
the usage established in the public offices ; also a seal for every court
of record of the State, for the purpose of authenticating the papers
and records of such court.
ACT OF GENERAL ASSEMBLY 1883.
(Chapter 392.)
An Act Concerning the Great Seal of the State.
The General Assembly of North Carolina do enact:
Section 1. That the Great Seal of the State of North Carolina shall
be two and one-quarter inches in diameter, and its design shall be
a representation of the figures of Liberty and Plenty, looking toward
each other but not more than half fronting each other, and otherwise
disposed as follows: Liberty, the first figure, standing, her pole with
cap on it in her left hand, and a scroll with the word "Constitution"
inscribed thereon in her right hand. Plenty, the second figure, sitting
down, her right arm half extended toward Liberty, three heads of
wheat in her right hand, and in her left the small end of her horn,
the mouth of which is resting at her feet and the contents of the horn
rolling out.
Sec. 2. That it shall he the duty of the Governor to file in the office
of Secretary of State an impression of the Great Seal, certified to
under his hand and attested by the Secretary of State, which impres-
sion so certified the Secretary of State shall cause to he bound up
with this statute among the manuscript statutes of this General
Assembly.
Sec. 3. That this act shall take effect from and after its ratifi-
cation.
In the General Assembly read three times, and ratified this the 12th
day of March, A. D. 1883.
THE CODE OF NORTH CAROLINA, VOL. II,
(Chapter 41.)
Sec. 3329. Design of Great Seal; Governor to file impression tvith
Secretary of State. 1883, c. 392.
The Great Seal of the State of North Carolina shall be two and one-
quarter inches in diameter, and its design shall be a representation
of the figures of Liberty and Plenty, looking toward each other but
not more than half fronting each other, and otherwise disposed as
follows : Liberty, the first figure, standing, her pole with cap on it
in her left hand, a scroll with the word "Constitution" inscribed
thereon in her right hand. Plenty, the second figure, sitting down,
her right arm half extended towards Liberty, three heads of wheat
in her right hand, and in her left the small end of her horn, the
mouth of which is resting at her feet, and the contents of the horn
rolling out.
It shall be the duty of the Governor to file in the office of Secretary
of State an impression of the Great Seal, certified to under his hand
and attested by the Secretary of State, which impression so certified
the Secretary of State shall cause to be bound up with the manuscript
statutes of the General Assembly of the year one thousand eight hun-
dred and eighty-three.
31
ACT OF GENERAL ASSEMBLY 1893.
(Chapter 145.)
An Act to Establish a State Motto.
Whereas, contrary to the usage of nearly all the States of the
American Union the coat-of-arms and the Great Seal of this State
bear no motto; and whereas a suitable motto, expressive of some
noble sentiment and indicative of some leading trait of our people,
will be instructive as well as ornamental, and the State should, also
keep in perpetual remembrance the immortal declaration of inde-
pendence made at Charlotte : now, therefore,
The General Assembly of North Carolina do enact:
Section 1. That the words "esse quam videri" are hereby adopted
as the motto of this State, and as such shall be engraved on the Great
Seal of North Carolina and likewise at the foot of the coat-of-arms
of the State as a part thereof.
Sec. 2. That on the coat-of-arms, in addition to the motto, at the
bottom, there shall be inscribed at the top the words, "May the 20th,
1775."
REVISAL OF 1905 OF NORTH CAROLINA, VOL. II.
(Chapter 114.)
Section 5320. Motto. — The words "esse quam videri" are hereby
adopted as the motto of this State, and as such shall be engraved on
the Great Seal of North Carolina and likewise at the foot of the
coat-of-arms of the State as a part thereof. On the coat-of-arms,
hi addition to the motto, at the bottom, there shall be inscribed at
the top the words, "May 20th, 1775."
1893, c. 145.
(Chapter 115.)
Sec. 5339. Keeper of Great Seal of State ; design. — The Governor
shall procure for the State a seal, which shall be called the Great Seal
of the State of North Carolina, and shall be two and one-quarter
inches in diameter, and its design shall be a representation of the
figures of Liberty and Plenty, looking toward ea,ch other, but not
more than half fronting each other, and otherwise'disposed as follows :
Liberty, the first figure, standing, her pole with cap on it In her left
hand and a scroll with the word "Constitution" inscribed thereon in
her right hand. Plenty, the second figure, sitting down, her right
arm half extended towards Liberty, three heads of wheat in her
right hand, and in her left the small end of her horn, the mouth of
which is resting at her feet, and the contents of the horn rolling out ;
32
there shall also be inserted thereon the words "esse quam videri."
It shall he the duty of the Governor to file in the office of Secretary
of State an impression of the Great Seal, certified to under his hand
and attested by the Secretary of State, which impression so certified
the Secretary of State shall carefully preserve among the records of
his office. Code, ss: 3328, 3329; 1868-9, c. 270, s. 35; 1883, c. 302;
1893, c. 145.
Sec. 5340. Procures seals for each department and courts of record.
— The Governor shall also procure a seal for each department of the
State government to he used for attesting and authenticating grants,
proclamations, commissions and other public acts, in such manner as
may be directed by law and the usage established in the public offices ;
also a seal for every court of record in the State, for the purpose of
authenticating the papers and records of such court. All such seals
shall be delivered to the proper officers, who shall give a receipt
therefor and be accountable for their safe-keeping. Code, ss. 3328,
3332 ; 1868-9, c. 270, ss. 35, 37 ; 1883, c. 71.
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